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Introduced Version House Bill 2734 History

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hb2734 intr
H. B. 2734


          (By Delegate Ambler)
          [Introduced February 26, 2013; referred to the
          Committee on the Judiciary then Finance.]




A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-12-16, relating to making it illegal for anyone to photograph a corpse except for certain legitimate purposes; and providing criminal penalties.
Be it enacted by the Legislature of West Virginia:
     That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §61-12-16, to read as follows:
ARTICLE 12. POSTMORTEM EXAMINATIONS.
§61-12-16. Photography of a corpse; when prohibited; penalties; exceptions.
_____(a)(1) Except as needed for purposes of a legitimate postmortem examination, or for criminal justice purposes in the investigation of a crime, no person may photograph a corpse.
_____(2) A person who violates subdivision (1) of this subsection is guilty of a misdemeanor, and, upon conviction, shall be fined not less than $50 nor more than $500. For a second offense the person is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for twenty-four hours and shall be fined not less than $100 nor more than $750. For a third or subsequent offense under this subsection, the person is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not less than twenty-four hours and not more than six months, and shall be fined not less than $1,000 nor more than $5,000.
_____(b) Subdivision (1), subsection (a) of this section does not prohibit a person from taking a photograph of a decedent's corpse at a wake, funeral, or memorial or burial service.



          NOTE: The purpose of this bill is to make it illegal for anyone to photograph a corpse except for certain legitimate purposes.

          This section is new; therefore, it has been completely underscored.
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